토지인도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, based on the premise, purchased land B (hereinafter “instant land”) in Sejong Special Self-Governing City Special Self-Governing City as a compulsory auction and completed the registration of ownership transfer on December 12, 2007.
The Defendant, on the ground of the part (i) of the instant land, packaged asphalt and cement packaging, installed a commercial sewage culvert on the underground, and the instant land has been actually used for the passage of the general public.
【Ground of recognition】 The fact that there has been no dispute, each description or image of evidence Nos. 1 and 2, the appraiser C’s appraisal result, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. (1) The summary of the Plaintiff’s claim is without any legal ground to obtain profit equivalent to the rent corresponding to the portion of the asphalt, cement packing part, and the portion passing through the underground sewage culvert from the date of acquisition of the Plaintiff’s land ownership. Therefore, the Defendant is obligated to pay to the Plaintiff, without compensation, unjust enrichment calculated at the rate of KRW 498,160, which is equivalent to the above portion of the rent from August 25, 201 to July 24, 2017, which is five years before the date of filing the lawsuit, as the Plaintiff’s right to land ownership, by providing the Plaintiff with an exclusive right to use and benefit from the said portion of the rent from August 25, 201 to July 24, 2017, which is 31,475,958, and delay damages, which are equivalent to the above portion of the rent from July 25, 2017 to the date of the Defendant’s occupancy or the date of the Plaintiff’s loss of ownership.